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No. 8783092
United States Court of Appeals for the Ninth Circuit
Ware v. Wunder Brewing Co. of San Francisco
No. 8783092 · Decided February 3, 1908
No. 8783092·Ninth Circuit · 1908·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 3, 1908
Citation
No. 8783092
Disposition
See opinion text.
Full Opinion
ROSS, Circuit Judge. This action was brought by the trustee of the estate of the bankrupt to set aside an alleged preference. The case is brought here by writ of error. We cannot agree with the counsel for the plaintiff in error that there was a total want of evidence to support the findings of the trial court. Such being the case, it is well settled that the appellate court cannot weigh the evidence, but must take the facts as found by the court below. Stanley v. Supervisors, 121 U. S. 547 , 7 Sup. Ct. 1234, 30 L. Ed. 1000 ; Pacific Postal Telegraph C. Co. v. Fleischner, 66 Fed. 902 , 14 C. C. A. 166 . The judgment is affirmed.
Plain English Summary
This action was brought by the trustee of the estate of the bankrupt to set aside an alleged preference.
Key Points
01This action was brought by the trustee of the estate of the bankrupt to set aside an alleged preference.
02We cannot agree with the counsel for the plaintiff in error that there was a total want of evidence to support the findings of the trial court.
03Such being the case, it is well settled that the appellate court cannot weigh the evidence, but must take the facts as found by the court below.
04
Frequently Asked Questions
This action was brought by the trustee of the estate of the bankrupt to set aside an alleged preference.
FlawCheck shows no negative treatment for Ware v. Wunder Brewing Co. of San Francisco in the current circuit citation data.
This case was decided on February 3, 1908.
Use the citation No. 8783092 and verify it against the official reporter before filing.